• vcard
D 816.360.4311
F 816.753.1536
  • Education
    • J.D., University of Missouri, 1990
    • B.S., Truman State University, 1987
  • Court Admissions
    • U.S. Court of Appeals, Eighth Circuit, 2006
    • U.S. District Court, Northern District of Illinois, 2008
    • U.S. District Court, Southern District of New York, 2009
    • U.S. District Court, Eastern District of New York, 2009

David Ferguson makes the best of bad situations. He has been involved in some of the most recognizable big-name bankruptcies, achieving payouts to creditors and worker protection. His practice focuses on creditors’ rights, Chapter 11 bankruptcy, and commercial litigation. In recent years, David has advocated for banks and special servicers on a wide array of issues, including loan enforcement, workouts, lender liability defense, prosecution of fraud actions against borrowers, and stay relief and other matters in the bankruptcy courts.

In addition to representing banks and special servicers in bankruptcy matters, David represents a broad range of other constituencies in Chapter 11, advising corporate debtors, Chapter 7 trustees, creditors’ committees, lessors, and business acquirers.

  • Successfully represented regional window manufacturing firm throughout the United States in connection with construction litigation matters.
  • Successful prosecution for debtor physician group of more than $500,000 complex contract litigation claim against largest hospital group in St. Louis.
  • Successfully represented regional manufacturing firm in Chapter 11 case resulting in 100 percent payout to creditors.
  • Successfully represented Interstate Bakeries Corporation Retirees Coalition in resisting proposed 400 percent health insurance premium increase by the debtor under self-funded plan and engineered on an emergency basis the procurement and implementation of affordable alternative group health insurance options for 1,500 IBC retirees.
  • Lead counsel for Vanguard Airlines, Inc., in connection with its Chapter 11 filing, including prosecution of avoidance/equitable subordination action against insider lenders resulting in more than a $1 million settlement for bankruptcy estate.
  • Lead counsel for the bankruptcy estate in over 1,200 preference actions, including actions filed in the Farmland Industries, Inc., Valley Food Services, LLC, and Vanguard Airlines, Inc., cases.
  • Counsel for real estate lender on loans subject to complex Chapter 11 case of national TIC syndicator, successfully defending lender’s escrow reserves and other collateral in Chapter 11 case, and obtaining workouts with TIC borrowers.
  • Successfully represented secured lenders and others in numerous bankruptcy courts throughout the United States (including jurisdictions such as the District of Delaware, Northern District of Illinois, and Southern District of New York) on stay relief, contested plan confirmation, asset sales, and other matters.
  • Successfully represented national real estate lenders and CMBS special servicers in connection with problem loan matters, workouts, loan enforcement, receivership, and fraud prosecution.
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September 2016
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August 2016
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July 26, 2016
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April 27, 2016
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June 12, 2015
video Videos
September 10, 2013
Publication and Presentations Icon Publications & Presentations
Secured Creditors: Strategies For Success
Creditors' Rights in Chapter 11 Cases, published by Thomson Reuters
2011
Publication and Presentations Icon Publications & Presentations
The Devil’s Dictionary of Bankruptcy Terms for Commercial Lenders
Peppercorn Press
2007
Publication and Presentations Icon Publications & Presentations
Chapter 11 Bankruptcy for the Real Estate Lawyer
Continuing Legal Education presentation
2009
Publication and Presentations Icon Publications & Presentations
Winning the Battles in Chapter 11: Strategies for the Commercial Real Estate Lender
Presentations to national real estate lenders
2008 and 2009